August 16, 2019

Maria S. Masigla, P.T. v Omni Indem. Co. (2019 NY Slip Op 51363(U))

Headnote

The provider's judgment for assigned no-fault benefits after a nonjury trial was reversed in the insurer's favor. The Appellate Term, Second Department, relied on the reasons stated in the companion appeal decided the same day, No. 2018-257 K C, and remitted the matter for entry of judgment dismissing the complaint.

Reported in New York Official Reports at Maria S. Masigla, P.T. v Omni Indem. Co. (2019 NY Slip Op 51363(U))

[*1]
Maria S. Masigla, P.T. v Omni Indem. Co.
2019 NY Slip Op 51363(U) [64 Misc 3d 147(A)]
Decided on August 16, 2019
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on August 16, 2019
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : MICHAEL L. PESCE, P.J., MICHELLE WESTON, THOMAS P. ALIOTTA, JJ
2018-258 K C

Maria S. Masigla, P.T., as Assignee of Darwin, Ihuoma, Respondent,

against

Omni Indemnity Company, Appellant.


Freiberg, Peck & Kang, LLP (Yilo J. Kang and Nicole McErlean of counsel), for appellant. The Rybak Firm, PLLC (Damin J. Toell of counsel), for respondent.

Appeal from a judgment of the Civil Court of the City of New York, Kings County (Andrew Borrok, J.), entered November 15, 2017. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $1,831.50.

ORDERED that the judgment is reversed, with $30 costs, and the matter is remitted to the Civil Court for the entry of a judgment in favor of defendant dismissing the complaint.

In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals from a judgment which, after a nonjury trial, awarded plaintiff the principal sum of $1,831.50.

For the reasons stated in Masigla, as Assignee of Darwin, Ihuoma v Omni Indem. Co. (___ Misc 3d ___, 2019 NY Slip Op ____ [appeal No. 2018-257 K C], decided herewith), the judgment is reversed and the matter is remitted to the Civil Court for the entry of a judgment in favor of defendant dismissing the complaint.

PESCE, P.J., WESTON and ALIOTTA, JJ., concur.


ENTER:
Paul Kenny
Chief Clerk
Decision Date: August 16, 2019

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